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Hello all
I have had a contact order for the last 4 years with no problems. I have recently changed jobs and now my ex wife wants to change my contact with my son. I see him more than most dads which I'm thankful for but now my ex wants to reduce this to every other weekend from what I have now on average twice a week, it's 106 nights over the year. Her reason to the court is I have changed jobs, I work shift work so not the normal Mon-Fri 9-5 so one week I may have my son Mon-Thur and then the next week Wed-Fri and so on. My new job I work 2 weeks on 2 weeks off so in theory I could have my son more. I wanted to know where I stand and whether my ex has a case. I have remarried and have another son who is under 2 but my 2 boys get on brilliant and I'm worried what effect this will have on my youngest if all of a sudden my other son stops coming round so often. I have always paid maintenance on time and never let my son down regarding picking up and dropping him off. My order does state I am to pick up and drop off but the odd occassion my wife has picked him up from school. I also will miss my son terribly as I have never been away from him for more than 7 days/nights since he was born 9 years ago. She is very unreasonable and does not negotitate at all from past experience.
Hi goonerman,
Welcome to DadTalk. Excellent name choice btw.
I take it from your post that you don't currently have a solicitor advising you, which is a good thing as it means the CCLC can give you some free advice.
I will ask them to pop by and give you the benefit of their legal knowledge.
Gooner
No I haven't had any legal advise as yet, I got hit by a court summons last week and have less than 14 days to answer the court with my response, what is CCLC ??
Thanks for any help
Hi mate,
Coram Children's Legal Centre (CCLC) are DadTalks legal partners and they give out free Child Law advice on our forum.
However If you need is pressing then you could always contact them directly - a link to their website is up on the banner just below the DadTalk image. Or you can call them on 08088 020 008 or if you go to the website you can get advice via a webchat with the virtual assistant.
If you do contact CCLC directly then please pop back and let us know what they have said and how things are going.
Gooner
Thanks for that, The court date isn't until after christmas which is cool as it gives me time to prepare and also time to wait for a reply and any advise from others ??. The forms are fairly easy to fill in which I will do this weekend. I will answer the claims against me with evidence which shows she is being unreasonable. I know from when I went to court 4 years ago my barrister at the time said if I pushed for more contact I would lose and get every other weekend just like any other dad so I did a deal with what I have now but as mentioned above she is now pushing for every other weekend so I go from 106 nights a year down to 52 nights a year. It is so unfair for dads 😥
I'll wait to see if I get a reply on this before ringing the CCLC
Dear Goonerman,
Thank you for your enquiry. It is not clear to us whether your ex partner has applied to the court for variation for the existing contact order or simply told you that she wants to change the current contact arrangements. Until the matter is taken back to court and is varied by the court, the existing contact order is legally binding and your ex partner must continue to comply with its conditions.
If your recent change in work hours means that the current contact order can no longer be complied with on your part then it is likely that your ex partner’s application to the court for variation will result in variation, as it is not longer possible to comply with the order as it stands.
However you will be able to put forward your proposals for contact and the court will then decide what contact is in the best interests of your son. For all proceedings under the Children Act 1989 when the court considers a question of the child's upbringing the child's welfare is the court's paramount consideration.
The factors which the court consider are:
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, [censored], background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.
Alternatively you could consider applying for a shared residence order, which is where the child may stay half the week with yourself and half the week with his mother (it can however be less or more than half a week). As there is a court hearing scheduled, you can apply on a C2 form which is obtainable on the HMCS website (used when there are on going proceedings).
The court will want to see that you have attempted to negotiate with the mother to some extent and mediation often provides a successful avenue. It may be advisable to contact National Family Mediation on 0300 4000 636 for further information.
Please do not hesitate to contact us on 0808 802 0008 if you have any further queries.
Kind regards,
THE CORAM CHILDREN’S LEGAL CENTRE
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